Dhiraj Vijaykumar Makhija vs State Of Maharashtra And Anr
2023 Latest Caselaw 1514 Bom

                                                                       904-WP-498-2023.doc


                    Shailaja
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION
                                     WRIT PETITION NO.498 OF 2023

                    Dhiraj Vijaykumar Makhija          ]     Petitioner
                          Vs.
                    State of Maharashtra and another ]       Respondents
                                                   .....

Mr. Nikhil K. Chaudhari, for Petitioner.

Mr. K.V. Saste, A.P.P, for Respondent No.1-State.

.....

CORAM : REVATI MOHITE DERE & SANDEEP V. MARNE, J.J.

DATE : 14th FEBRUARY, 2023.

P.C.

1. Heard learned Counsel for the petitioner.

2. The petitioner is the husband of the respondent No.2.

3. Learned Counsel for the petitioner submits that the dispute

has been amicably settled between the petitioner and the respondent

No.2, and that, pursuant to the settlement, a petition is filed before

the Kalyan Court under section 13 (B) of the Hindu Marriage Act,

seeking divorce by mutual consent. He submits that the marriage of

the parties i.e the petitioner and the respondent No.2 has been

dissolved by the learned Civil Judge Senior Division vide judgment

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Digitally signed by SHAILAJA SHAILAJA SHRIKANT 904-WP-498-2023.doc

and order dated 21st June, 2017. He further submits that in

paragraph 4 of the said judgment and order, the learned Judge has

recorded that the respondent No.2 has received a sum of

Rs.22,00,000/- and that the parties have agreed to withdraw all the

criminal and civil cases filed by them against each other and/or their

family members. Despite the aforesaid, respondent No.2 is not

coming forward to give her consent for quashing of the said

complaint.

4. Issue notice to the respondents returnable on 5th April, 2023.

5. Learned A.P.P waives notice on behalf of respondent No.1 -

State and seeks time to take instructions.

6. In addition to the Court notice, learned Counsel for the

petitioner to serve the respondent No.2 by private notice and file

affidavit of service before the next date.

7. Notice to indicate that an endeavour shall be made to dispose

of the aforesaid petition finally, at the stage of admission.

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8. Learned A.P.P assures that the concerned officer of the

concerned Police Station will take all steps to inform the respondent

No.2 of the next date so as to ensure the presence of the respondent

No.2 on 5th April, 2023.

9. Having regard to what is stated aforesaid, in the meantime,

till the next date, the Police shall not file charge-sheet as against the

petitioner. No coercive steps shall be taken against the petitioner,

till the next date.

10. The aforesaid petition to be tagged alongwith Criminal Writ

Petition (Stamp) No.17946 of 2022.

[SANDEEP V MARNE, J.] [REVATI MOHITE DERE, J.]

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